Advanced Search

Order Of 7 March 2008 Establishing Of Joint Advisory Committees Competent With Respect To Certain Unlicensed Agents Exercising Their Functions In The Administrative, Technical, Social And Health

Original Language Title: Arrêté du 7 mars 2008 instituant des commissions consultatives paritaires compétentes à l'égard de certains agents non titulaires exerçant leurs fonctions dans les domaines administratif, technique, social et de santé

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF no.0086 of 11 April 2008
text No. 28



Order of 7 March 2008 establishing competent parity advisory boards with respect to certain non-officers in the administrative, technical, social and health fields

NOR: MENH0805038A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/3/7/MENH0805038A/jo/texte


Minister of National Education,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State agents taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Considering the advice of the Department of National Education's Departmental Joint Technical Committee dated 21 February 2008,
Stop it!

Article 1 Learn more about this article...


It is established with each academy rector and vice-rector of Mayotte a competent parity advisory board with respect to non-registrants in the administrative, technical, social and health fields in the deconcentrated services of the Minister for National Education, local educational institutions and public institutions of the Minister for Higher Education other than those of higher education.
The parity advisory boards established by this Order are also competent in respect of non-commissioned officers in the decented services and public establishments under the Minister for Youth and Sports and whose contract has been concluded by the authority to which the commission is placed.
The provisions of this Order do not apply to non-commissioned officers in the central departments responsible for national education, higher education and research.

  • PART I
    • Chapter I General provisions Article 2 Learn more about this article...


      The parity advisory board includes equal numbers of representatives of the administration and staff representatives. It has incumbent members and an equal number of alternate members.

      Article 3 Learn more about this article...


      Staff representatives are elected by grade level within the meaning ofArticle 29 of the Act of 11 January 1984 referred to above.

      Article 4 Learn more about this article...


      The number of staff representatives is defined as follows:
      1° When the number of non-registrants at the same level of category is less than forty, the number of staff representatives for this category is a incumbent member and an alternate member;
      2° Where the number of non-registrants at the same level of category is greater than or equal to forty and less than three hundred, the number of staff representatives for that category is two incumbent members and two alternate members;
      3° When the number of non-registrants at the same level is greater than or equal to three hundred, the number of staff representatives for this category is three incumbent members and three alternate members.

      Article 5 Learn more about this article...


      Members of the parity advisory board shall be designated for a period of three years by the authority to which the commission is placed. Their mandate can be renewed.
      When the representation of a class level could not be ensured due to the absence of a non-member of that level of category or the existence of a single non-member of that level of category at the time of election of staff representatives within the commission, and that, after that election, the representation of non-members of that level of category becomes possible under the conditions set out in section 4,
      The provisions of the preceding paragraph shall not be applied when the term of office remaining to be run by members of the commission is less than six months.
      Upon the renewal of a parity advisory board, the new members shall serve on the date on which, pursuant to the above provisions, the term of office of the members to whom they succeed.
      The term of office may be exceptionally reduced or extended, in the interest of the service, by order of the authority to which the commission is placed, after the advice of the competent technical committee. These reductions or extensions may not exceed one year.

      Article 6 Learn more about this article...


      Representatives of the incumbent or alternate member administration of the parity advisory board coming, during the above-mentioned three-year period, as a result of the resignation of the administration or their term as a member of the commission, of long-term leave under theArticle 34 of the Law of 11 January 1984, lay-off or for any other cause other than progress, to cease the functions for which they were appointed or which no longer meet the conditions required by this order to be part of the commission shall be replaced in the form specified in section 8 below. The term of office of their successors expires in this case during the renewal of the parity commission.

      Article 7 Learn more about this article...


      If, prior to the expiry of his or her term of office, one of the representatives of the staff, whether a member of the commission or an alternate member of the commission, is unable to perform his or her duties as a result of the resignation of his or her term as a member of the commission, termination, sick leave or leave of absence for the purposes of articles 20, 22 and 23 of the decree of 17 January 1986 referred to abovethe authority to which the commission is placed shall make its replacement, until the renewal of the commission, under the conditions defined below.
      When a incumbent representative is unable to perform his or her duties, his or her alternate is appointed as a holder and is replaced by another non-holder designated by the same trade union organization.
      When an alternate representative is unable to perform his or her duties, he or she is replaced by another non-holder designated by the same trade union organization.
      Where a trade union organization is unable to fill in the conditions set out in the two preceding paragraphs with the seats of the incumbent members or alternate members to whom it is entitled for a class level, the seats left vacant shall be allocated in accordance with the procedure provided for in the 2nd of Article 17 where the term remaining to be held is less than or equal to the third of the period provided for in the first paragraph of Article 5. Where the remaining term of office is greater than one-third of the duration provided for in the first paragraph of Article 5, it shall be effected, under the conditions set out in Chapter III below, on the renewal of the members of the Commission representing that level of category for the remainder of the term.
      When a staff representative, a member or alternate member of the commission, changes in the level of category, he/she continues to represent the level of category for which he/she was designated.

    • Chapter II Designation of Administrative Representatives Article 8 Learn more about this article...


      Representatives of the administration, holders and alternates, within the parity advisory board are appointed by the authority to which the commission is placed within fifteen days of the proclamation of the results of the elections. They are selected from the incumbents of category A who hold their duties in the establishments and services referred to in section 1 and located within the territorial jurisdiction of the commission.
      For the designation of representatives of the administration, the authority to which the commission is placed must respect a minimum proportion of one third of persons of each sex. This proportion is calculated on all members representing the administration, licensees and alternates.

    • Chapter III Designation of staff representatives Article 9 Learn more about this article...


      Elections to the parity advisory board shall be held no later than four months and not less than two months before the expiry date of the term of office of their members in office, as determined in Article 5 above. The date of these elections is fixed by the authority to which the commission is placed.

      Article 10 Learn more about this article...


      Electors, under a class level, are non-registrant agents who meet the following conditions:
      1° Rationale for a minimum contract of six months in progress on the date of the election in one of the establishments or services referred to in Article 1 and located in the territorial jurisdiction of the commission;
      2° To be in office for at least one month or on paid leave, on parental leave or on unpaid leave other than those provided for articles 20, 22 and 23 of the decree of 17 January 1986 referred to above.

      Article 11 Learn more about this article...


      For the performance of electoral operations, electors may be divided into voting sections created by a decision of the authority to which the commission is placed.
      The list of electors called to vote in a polling section is stopped for each level of category by the authority to which the commission is placed. It is posted in the voting section concerned at least 15 days before the date fixed for the ballot.
      Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the lists of electors.
      The authority to which the commission is placed shall decide promptly on the claims.

      Article 12 Learn more about this article...


      Any union organization may run for election.
      Nominations are addressed to the authority to which the commission is placed, by registered letter with acknowledgement of receipt, at least six weeks before the date fixed for the elections. Each candidacy must be named as an officer authorized to represent the trade union organization in all electoral operations and may be accompanied by a profession of faith. The organization may designate an alternate delegate.
      No application may be filed, amended or withdrawn after the deadline set out in the preceding paragraph.
      The nomination is the subject of a receipt to the delegate representing the candidate organization.

      Article 13 Learn more about this article...


      The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration.
      The ballots, envelopes and professions of faith shall be handed over to the chief of service to which each polling section, at least equal, is placed for each candidate organization, the number of electors registered on the list of electors and under this section. They are transmitted by the administration to non-registrants admitted to voting in the voting sections referred to in Article 11.

      Article 14 Learn more about this article...


      A central polling station is established for each parity advisory board to form.
      The authority to which the commission is placed may also create special polling stations. In this case, the votes cast in the voting sections are transmitted, under covert fold, by the head of service to which each section is placed, either to a special polling station, if any, or to the central polling station if otherwise.
      The special polling stations, when established, proceed with the counting of the ballot and transmit the results to the central polling station.
      The counting of the ballot shall be implemented, except in particular circumstances, within a period not exceeding three working days from the date of the election.
      The central polling station conducts the counting of the ballot when there are no special polling stations. In any case, it proceeds to the proclamation of results. The central polling station and, where applicable, the special polling stations include a president and secretary appointed by the authority to which the commission is placed, as well as a delegate of each trade union organization in attendance.
      The voting sections include a chair and secretary appointed by the chief of service to whom they are placed and, where appropriate, a delegate from each trade union organization in attendance.

      Article 15 Learn more about this article...


      Electoral operations are conducted publicly in the workplace and during hours of service.
      The vote shall be held by secret ballot and under envelope.
      Electors indicate the union organization by which they intend to be represented.
      The proxy vote is not allowed.
      The vote may be taken by correspondence, under the conditions fixed by a decision of the authority to which the commission is placed.
      Envelopes sent to the administrative expenses by the electors must arrive at the polling station before the polling day.

      Article 16 Learn more about this article...


      The central polling station notes the total number of voters and determines the total number of valid votes cast and the number of votes obtained by each candidate organization.
      It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected for each level of category.

      Article 17 Learn more about this article...


      The seats of staff representatives in the Joint Advisory Committee are allocated to proportional representation. The designation of the incumbent members shall be carried out by grade level, as follows:
      1° Each trade union organization is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota. The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule.
      In the event that, for the assignment of a seat, several trade union organizations have the same average, the seat is assigned to the trade union organization that has collected the largest number of votes. If several trade union organizations have obtained the same number of votes, the seat is assigned to one of them by drawing lots;
      2° In the case that, for a level of category, no trade union organization has made an application, the representatives of this level of category shall be nominated by way of drawing of lots among non-members of this level of category in one of the establishments or services referred to in Article 1 and located in the territorial jurisdiction of the commission. If the non-registrants so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to representatives of the administration.

      Article 18 Learn more about this article...


      For each level of category, each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under that trade union organization for the representation of the class level in question.

      Article 19 Learn more about this article...


      A record of electoral operations shall be drawn up by the polling station and immediately forwarded to the chief of establishment to which the commission is placed and to the officers authorized to represent the trade union organizations under the conditions laid down in Article 12.

      Rule 20 Learn more about this article...


      Disputes on the validity of electoral transactions shall be brought within five days of the proclamation of the results to the authority to which the commission is placed, and, where appropriate, to the administrative jurisdiction.

      Article 21 Learn more about this article...


      Each trade union organization has a period of fifteen days from the proclamation of the results to make known the names of the representatives, holders and alternates, to occupy the seats assigned to it.
      These representatives shall be designated among non-registrants who, at the date of designation, justify a contract in the course of a minimum period of six months in one of the establishments or services referred to in section 1 and located within the territorial jurisdiction of the commission and that, at that time, are in operation, on paid leave, parental leave or on unpaid leave other than those provided for in the commission. articles 20, 22 and 23 of the decree of 17 January 1986 referred to above.
      However, may not be designated or non-registrants on severe sick leave provided for inarticle 13 of the decree of 17 January 1986 referred to aboveneither those who are affected by any of the incapacities imposed by articles L. 5 to L. 7 of the electoral code, nor those who have been struck by a temporary exclusion of duties under the provisions of title X of the decree of 17 January 1986 referred to above, unless they have been amnestied or have been granted a decision accepting their request that no record of the sanction imposed on them be taken.

  • TITRE II ATTRIBUTIONS Article 22 Learn more about this article...


    Joint advisory boards are obligatoryly consulted on individual decisions relating to terminations occurring after the trial period and disciplinary sanctions other than warning and blame.
    They may also be consulted on any individual matters relating to the professional situation of non-registrant agents entering their jurisdiction.

  • TITRE III FONCTION Article 23 Learn more about this article...


    The Joint Advisory Committee is chaired by the authority to which it is placed.
    In the event of an incapacity, the Chairperson shall designate, to replace him, another representative of the administration, a member of the board. Reference is made to the minutes of the meeting.

    Article 24 Learn more about this article...


    Each Joint Advisory Committee shall develop its rules of procedure.
    The secretariat is provided by a representative of the administration who may not be a member of the commission.
    A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
    A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission. This Minute is subject to the approval of the members of the Commission at the next sitting.

    Rule 25 Learn more about this article...


    Alternate persons may attend the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
    The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item.
    Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.

    Rule 26 Learn more about this article...


    The Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of all matters within its competence. It shall issue a notice to the majority of the members present.
    If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given.
    When the competent authority makes a decision contrary to the notice issued by the commission, that authority shall inform the commission of the reasons that led it not to follow that notice.

    Rule 27 Learn more about this article...


    The parity advisory board shall only deliberate validly on the condition that the rules of constitution and operation enacted by the decree of 17 January 1986 referred to above and the present Order, as well as the rules of procedure.
    In addition, at least three quarters of the committee members must be present at the opening of the meeting. When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of these members are present.

    Rule 28 Learn more about this article...


    The parity advisory board meetings are not public.

    Rule 29 Learn more about this article...


    When the parity advisory board is called upon to sit, only the incumbent members and, possibly, their alternates representing the level of category to which the non-applicant concerned belongs and the incumbent or alternate members representing the level of higher class as well as an equal number of representatives of the administration are required to deliberate.

    Rule 30 Learn more about this article...


    When the non-permanent officer whose case is being examined falls within the level of category A, the representative(s) of that level of category shall sit with their alternates who shall then have a deliberative vote.

    Rule 31 Learn more about this article...


    All facilities must be provided to members of the parity advisory board by the administration to enable them to fulfill their responsibilities. In addition, communication must be given to them of all documents and documents necessary to carry out their mission at least eight days before the date of the session.
    A leave of absence is granted to staff representatives to allow them to attend the meetings of the commission, on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to enable the persons concerned to ensure the preparation and reporting of the work of the commission, without the time being able to exceed two days.
    Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.

    Rule 32 Learn more about this article...


    The Academy Rectors and the Vice-President of Mayotte are responsible, each with regard to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, March 7, 2008.


For the Minister and by delegation:

The Director General of Human Resources,

T. The Goff


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.45 Mo) Download the document in RDF (format: rdf, weight < 1 MB)